From 2006 to March 1, 2021, a “dacha amnesty” was in force in Russia. It made it possible to legalize buildings on a summer cottage without permission to build a house in SNT, on the basis of a technical passport and property rights. The simplified registration procedure was in effect for almost 12 years and was extended twice.
But more than 35% of houses remain not included in the Unified State Register. In 2021, the rules for the construction and commissioning of a residential building on the territory of Garden Non-Profit Partnerships are changing.
Is it possible to build a permanent house in SNT
In order for people to engage in gardening, they are allocated land belonging to the agricultural category. Or this land territorially belongs to a specific locality.
Typically, agricultural crops are grown in such areas and various types of buildings are erected. Construction can be carried out without special permission or professional design.
According to the law, residential and non-residential premises do not differ from each other. Theoretically, the owner of the land can build both an outbuilding and a multi-storey cottage on it.
The only thing he needs to find out is information about building standards in this settlement. But after construction, the owner may have problems with the registration of the house and its registration.
Standards for building houses
Construction of a house in a garden partnership, other association or in summer cottages must meet certain requirements. Firstly, you will have to take into account the rules adopted in this garden (dacha) association. Secondly, you need to comply with all fire safety standards and requirements.
Depending on the materials of buildings, the permissible distances between them may vary. For example, between stone and block houses they must be at least six meters. If both buildings are made of wood, then more than fifteen meters, for funny buildings - no less than ten. There are also requirements for the building density of plots - no more than thirty percent.
It is important to comply with the requirements for distances between the buildings themselves. It is determined based on the type of building, and ranges from eight to twelve meters. A distance of at least three meters must be maintained from houses to the boundaries of adjacent plots. Depending on the purpose of the house (country house or residential), different construction requirements and standards apply. Residential buildings must have communications and rooms of a certain size. The height of the ceilings also matters (for dachas - 2.2 m, for residential buildings -2.5 m).
Read more about this in another article.
What kind of houses can be built in SNT
Buildings that are allowed to be erected in horticultural areas are divided into several groups:
- Garden houses. These are seasonal buildings in which you can live during the warm season. Usually they are not heated and are not equipped with communications. You cannot register with them. However, if a garden house is built on the territory of a settlement intended for year-round living, then you can register in it;
- Individual residential buildings. Judging by the name, you can live in these at any time of the year, since they can be heated and supplied with communications. The only condition is that they should not contain several independent apartments. It can be recognized as residential through the court or local administration;
- Agricultural buildings. These buildings are used for storing crops, firewood, equipment or growing any crops. These include hangars, greenhouses, sheds, wood sheds;
- Other buildings. This refers to any buildings that are not intended for those listed, but serve for the comfortable living of the owner of the site. For example, bathhouses, garages, outdoor toilets.
On what lands is construction allowed?
In the Russian Federation, all lands are distributed according to their intended purpose. For each category, rules of use are established, enshrined at the legal level in legislative acts.
Chart of existing land categories in the Russian Federation
Among them are those in which the construction of residential buildings is prohibited, restricted or strictly regulated. These include:
- land plots assigned to defense departments;
- environmental lands related to forest and water resources;
- reserve land fund.
Development permitted:
- on lands of the agricultural fund;
- areas of the area designated for settlements.
Cities are developing rapidly, so large areas are required. From time to time, the purpose of individual land plots is revised.
Is it possible to build a house for permanent residence in SNT?
Since 2021, a federal law has come into force, according to which a capital structure on the territory of SNT is possible in the only case - if it does not contradict the construction plans of the administration. To find out, you need to contact the town planning department and immediately start obtaining a building permit.
In the same way, a garden house can be considered “capital” if it is equipped according to existing standards. But again, the building must be located in a populated area. Otherwise, construction is prohibited.
What and where can be built
Residential buildings with the ability to register in them without any problems are located only on
areas of settlement land. They are allowed to be used for individual construction (individual housing construction) and personal subsidiary plots (LPH). With agricultural lands, things are more complicated. When the land for private household plots is located outside the settlement, it is considered a field settlement and construction cannot be built on it.
It is also not allowed to build a permanent house or other similar buildings on lands allocated for vegetable gardening. On the lands received for peasant farms (peasant farms), it is possible to erect various types of buildings, buildings and structures necessary for carrying out this activity. On a garden plot you can build houses without registering (see details below), as well as buildings of an economic (auxiliary) nature. It remains to find out what can be built on a summer cottage.
The legislator does not prohibit building a house on a summer cottage. It can be built as residential or without the ability to register your residence.
In addition, various auxiliary facilities for small farming are permitted for construction.
How to recognize a house on SNT lands as residential
There are two ways to recognize a garden house as residential:
- Through the local administration;
- Through the court.
In the first case, you need to prepare four documents:
- — Application for recognition of the house as residential. It lists the cadastral number of the house, cadastral number of the plot, address or email of the applicant. Here you need to choose how to get a decision on the issue;
- — Official conclusion of the technical condition of the building;
- — Extract from the Unified State Register of Real Estate. Required if the house is under the jurisdiction of Rosreestr;
- — Consent of third parties. Those people or organizations who have a lien on this house. Those people who are entitled to a share of the house;
The application is sent to the local government authority. You can submit it to the administration directly or through the MFC. 45 days are given for consideration, after which permission or refusal is issued.
If the administration refuses to recognize the dacha as residential, you can go to court. For this purpose, an administrative claim is filed.
Punishment for non-compliance with the law
In 2021, buildings without permission will not be put into operation; they are considered unauthorized construction. A private house that is not registered in the Unified State Register of Real Estate, does not have a cadastral number, or a passport does not exist in the legal field.
If controversial issues arise with neighbors, for example, regarding land surveying, or claims from administrative authorities in court, the construction may be declared illegal and the construction of the building may be prevented.
If a private house is found in court to be non-compliant and illegal, it can be demolished.
It is impossible to carry out legal actions, donate, inherit, or sell a house, since there are no official documents confirming its existence.
Even if the situation does not become critical, it is planned to impose taxes on non-legalized buildings that are 5-6 times higher than the payments for houses registered in the Unified Register.
What are SNT lands intended for?
A horticultural non-profit partnership provides citizens with plots of land to, for example, produce crops. The latter cannot be used for sale. That is, these are agricultural lands. It is also possible to build a country house and outbuildings here.
Important: if, for example, the house was built in individual housing construction (individual housing construction) or in DNP (dacha non-profit partnership), then this point is considered more simply. These associations do not focus on agriculture.
Do I need to obtain a building permit?
From March 1, 2021, you need to obtain permission to build a private house, exactly according to the same scheme as for individual housing construction in populated areas.
You can on our website.
Construction permit form in SNT
To build a building for non-commercial purposes, that is, a residential building, you need a map of plots with marked boundaries, and a general plan of plots in gardening.
Layout and map of land surveying in a gardening community
Land surveying is carried out by cadastral private and public services. The owner of the site will need an accurate plan of a specific site with a design for residential buildings.
This is what the description of the location of the land plot looks like
The following documents are needed:
- identification (passport);
- ownership of land;
- general plan of SNT with site boundaries;
- cadastral number and passport of the plot.
Sample cadastral passport of a plot
To register individual housing construction and obtain registration, you need to go through two procedures.
If you have a cadastral passport, the building is entered on the map of the land plot, in the GPS coordinates database, and the Unified Real Estate Register.
To do this, you need to collect a package of documents and go through the approved registration procedure. Until 2021, with the “dacha amnesty,” the commissioning and registration procedure was carried out according to a simplified scheme, without a construction permit.
What to do with houses built earlier
Starting from 2021, owners of residential buildings in SNT must obtain permission to build a house according to the rules of the Town Planning Code. If someone did not manage to do this before March 2021, the owners must, according to the new rules, submit a building permit, among other documents.
But what to do with houses that were previously built in gardening without a permit, and they are required by the registration authorities to issue a cadastral passport for the house.
Sample cadastral passport for a house
A legal conflict arises, the internal regulation of the Unified State Register requires the presence of a document, but it is no longer possible to obtain it. The house was built without permission, and the “dacha amnesty” period has expired. In this case, the issue is considered in court. In most of the processes, the issue is resolved positively for homeowners, since this does not contradict the interests of the state. After housing construction is registered in the legal field, it is subject to real estate tax, in addition to land tax.
Watch the video on how to decorate a house if it has already been built before.
What are the consequences of failure to comply with prescribed standards?
On lands provided for citizens to carry out gardening, horticulture, and summer cottage farming, all requirements of forestry, land, town planning and other special laws must be observed. For their violation, a type of liability established by the legislator is provided. So, if fire safety rules are violated, the gardener will have to pay a fine (Article 20.4 of the Code of Administrative Offenses of the Russian Federation).
If a structure is erected on a site that is not suitable for such purposes in accordance with the law, or there are violations of mandatory construction standards and rules, then it is considered unauthorized.
The use of unauthorized buildings is not allowed; they can be demolished by court decision.
Finally. When constructing residential buildings, many nuances need to be taken into account. Before you start construction, find out what land you can build a house on. It is equally important to gain an understanding of the norms and rules of construction on country and garden plots. This will help avoid legal problems or resolve existing ones.
Intelligence
SNT can be divided into gardening and horticultural plots. On the first types of plots, the construction of large houses is completely prohibited. It is possible to build a residential building on horticultural lands, but with some restrictions:
- The land must be within a populated area.
- There are town planning regulations according to which it is allowed to build garden/residential buildings.
If the site is located outside the town, then any construction is prohibited. On a site in SNT, you can build residential and garden houses, and the latter can only be lived in in the summer, while residential ones are suitable for year-round use, and they require permanent registration. The legislation establishes the types of land where construction is prohibited - this is water, forest, industrial or defense land, as well as specially protected areas.
